Muthukumar v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice M.SUNDAR and The Hon`ble Mrs.Justice R.KALAIMATHI IN CRL A(MD) No.296 of 2022 MUTHUKUMAR ... PETITIONER/APPELLANT

Vs THE STATE REP.BY THE INSPECTOR OF POLICE KAMUTHI POLICE STATION, RAMANATHAPURAM DISTRICT. (CRIME NO.44/2012). ... RESPONDENT/RESPONDENT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the sentences passed in SC No.79/2012 on the file of the learned Mahalir Neethimandram (Fast Track), Ramanathapuram, dt.23/9/2021 and enlarge the petitioner on bail, pending disposal of the above said Criminal Appeal. PRAYER IN CRL.A(MD).296/2022: Pleased to call for the records pertaining to the order made in S.C.No.79 of 2012 on the file of the learned Sessions Judge, Mahalir Neethimandram (Fast Track), Ramanathapuram, dated 23.09.2021 and set aside the same by allowing above appeal. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.KARUPPASAMY PANDIAN, Advocate for the petitioner and of Mr.S.RAVI, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- (Order of the Court was made by M.SUNDAR,J.,) When the captioned 'Criminal Miscellaneous Petition' ['Crl.M.P.' for the sake of brevity, convenience and clarity] which has been filed with a suspension of sentence prayer under Section 389(1) of Cr.P.C. came up for hearing, it came to light that the main criminal appeal is ripe for hearing as the typed set has been prepared by the Registry and Mr.S.Ravi, learned State Additional Public Prosecutor is also ready to argue the appeal.

¶2Learned counsel for petitioner/appellant submitted that the main appeal can be heard out next week. In this backdrop, learned counsel made an endorsement in the case file qua captioned Crl.M.P. and a scanned reproduction of the same is as follows:

¶3In the light of narrative thus far, captioned Crl.M.P. is disposed of as closed/withdrawn albeit (though obvious) preserving all the rights of the petitioner/appellant to come up with another suspension of sentence plea if there is delay in the appeal being heard out.

sd/-

05/10/2023

/ TRUE COPY /

/10/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. PKN TO 1 THE SESSIONS JUDGE, MAHALIR NEETHIMANDRAM (FAST TRACK), RAMANATHAPURAM. 2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 3 THE INSPECTOR OF POLICE KAMUTHI POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN IN CRL A(MD) No.296 of 2022 Date :05/10/2023 SA/DD/SAR. /13.10.2023/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.